How to get a deportation order lifted in Türkiye?

 How to lift a deportation order in Türkiye? Learn about appealing a deportation order, filing a lawsuit in administrative court, obtaining a stay of execution, and the processes for obtaining a restriction code and a visa with supporting documentation.

What is a Deportation Order?

A deportation order, also known as an expulsion order, means that a foreigner residing in Turkey is removed from the country by an administrative authority's decision. This decision is usually made for reasons such as visa violations, residence permit violations, working without a work permit, or for reasons of public order or public security.

A deportation order does not only result in the expulsion of the foreigner from Turkey. In most cases, it may also a travel ban and restriction order . Therefore, the person receiving the deportation order must carefully follow the process.

According to Law No. 6458 on Foreigners and International Protection, the time limit for filing a lawsuit against a deportation decision is 7 days. The person applying to the court must also notify the authority that issued the deportation decision of their application. Furthermore, if a lawsuit is filed, the foreigner cannot, as a rule, be deported until the conclusion of the trial.

Under what circumstances is a deportation order issued?

Deportation orders are not issued automatically for every foreigner. The administration makes a decision after evaluating the specific case. The most common reasons for deportation in practice are as follows:

Overstaying a visa, remaining in Türkiye after the expiry of a residence permit, working without a work permit, using forged documents, being deemed a risk to public order or public security, being under judicial investigation or conviction, violating entry rules to Türkiye, and making false statements in a residence permit application may all lead to a deportation order.

However, not every violation necessarily means that the deportation process is lawful. When making a decision, the administration must consider the foreigner's family life, their situation in Türkiye, their health, the situation of their children, the risks they may face upon returning to their country, and the principle of proportionality.

How to get a deportation order lifted?

The main ways to have a deportation order lifted in Türkiye are as follows:

1. An appeal against the deportation decision will be filed in the administrative court
2. Filing a lawsuit or administrative application to have the restriction code removed
3. Submitting a visa application with supporting documentation
4. Expiration of the entry ban period and fulfillment of the necessary conditions
5. Applying to the magistrates' court against an unlawful administrative detention decision

Which of these methods is preferred depends on the reason for the deportation decision and the foreigner's current situation.

1. Filing a Lawsuit to Annul the Deportation Order

The most effective way to have a deportation order overturned is to file an annulment lawsuit in the administrative court. This lawsuit is filed to argue that the deportation order is unlawful.

The time limit for filing a lawsuit is very short. An appeal must be filed with the administrative court within 7 days of the decision being served on the foreigner, their legal representative, or their lawyer . Missing this deadline seriously jeopardizes the right to appeal the deportation decision.

The lawsuit should not only request the annulment of the decision; it should also explain, with concrete evidence, why the decision is unlawful. For example, if the foreigner has a spouse, child, regular job, education, medical treatment, or a risk to their life in Türkiye, these should be detailed.

2. Suspension of Execution and Non-Deportation Protection

When a lawsuit is filed against a deportation order, the foreigner should, as a rule, not be deported until the conclusion of the trial. This is an important safeguard that distinguishes lawsuits against deportation orders from other administrative lawsuits.

However, in practice, it is important to explicitly a stay of execution , to describe the irreparable harm, and to concretely outline the consequences of the foreigner's expulsion from Turkey.

For example, the following points can be highlighted:

The reasons for a foreigner to be exempted from deportation include: having a Turkish citizen spouse or child, having children studying in Türkiye, facing risks regarding the right to life or the prohibition of ill-treatment in the country of deportation, serious illness or ongoing treatment, having established work and family life in Türkiye, or the decision being disproportionate.

In various rulings evaluating claims regarding the prohibition of ill-treatment and the right to respect for family life in relation to deportation decisions, the Constitutional Court emphasizes that the administration and the courts must adequately examine the specific risks involved.

3. Removal of the Restriction Code

Deportation orders are often implemented with restriction codes. A restriction code is an administrative record that restricts a foreigner's entry into or activities within Türkiye.

For example, restriction codes such as C-101 may be applied due to visa, visa exemption, residence, or work permit violations. The type of restriction code is important in terms of the duration of the entry ban and the possibility of the foreigner re-entering Türkiye.

To have the restriction code removed:

• An administrative application can be made to the Directorate of Migration Management
• An annulment lawsuit can be filed in the administrative court
• In some cases, it may be possible to opt for a visa with supporting documents.

The important point to note here is that lifting a deportation order is not always the same as lifting an entry ban or restriction code. In some cases, even if the deportation order is lifted, the entry ban or restriction code must still be re-evaluated.

4. Entry into Türkiye with a Visa with Authorization

In some cases, a visa application with specific conditions may be necessary for foreigners who have been deported or are banned from entering Turkey . A visa with specific conditions means that the foreigner is permitted to enter Turkey for a particular reason.

The most common reasons for obtaining a visa with a supporting document are as follows:

• Family reunification
• Spouse or child of a Turkish citizen
• Education
• Treatment
• Study
• Commercial activity
• Court or official procedure requirement

However, a visa with supporting documentation is not automatically granted in every case. The grounds for the application must be strong and supported by evidence. The process may be more challenging if the reason for the deportation decision is related to public order or security.

5. Appeal Against the Administrative Supervision Decision

Foreign nationals who have been ordered deported may, in some cases, be taken to a repatriation center. In this case, an administrative detention order comes into effect, separate from the deportation order.

Administrative detention is a serious measure that restricts the freedom of a foreigner. Therefore, an appeal against the administrative detention decision can be filed with the magistrates' court. The appeal may argue that the foreigner poses no risk of escape, has a fixed address, their family lives in Türkiye, they can regularly comply with notification obligations, and their detention in a deportation center is disproportionate.

While deportation proceedings are initiated in administrative courts, appeals against administrative detention decisions are made in magistrates' courts. These two procedures are distinct.

What documents are needed when filing a lawsuit against a deportation order?

The documents prepared for the appeal against the deportation order are extremely important. Different evidence may be required for each case. However, the following documents can generally be used:

• Notification document of the deportation decision
• Photocopy of passport
• Residence permit or visa documents
• Türkiye entry and exit records
• Documents showing family ties
• Marriage certificate
• Children's birth certificates
• Student documents
• Health reports
• Work documents
• Rental agreements or address records
• Bank records
• Rap sheet
• Documents showing that he would be at risk if he returned to his country
• Witness statements
• Previous administrative applications

It is not enough to simply attach the documents to the file. The petition must clearly explain how each document demonstrates the illegality of the deportation decision.

Why is family life important in deportation decisions?

If a foreigner has a spouse, child, or stable family life in Türkiye, the deportation decision should be evaluated more carefully. Especially if there is a Turkish citizen spouse or child, the deportation process affects not only the foreigner but also their family members.

In such cases, the following points should be explained to the court:

The family lives together, the marriage is genuine, the best interests of the children must be protected, the expulsion of the foreigner from Türkiye would effectively disrupt the family unit, the decision is disproportionate, and public order could be protected with milder measures.

However, simply being married does not automatically revoke a deportation order. The validity of the marriage, cohabitation, shared children, financial stability, and family ties must be demonstrated with concrete evidence.

Health and Medical Status in Deportation Decisions

If a foreigner is undergoing serious ongoing medical treatment in Türkiye, the deportation decision must be reviewed separately from a legal standpoint. Deportation may be disproportionate, especially if the individual cannot access the same treatment in the destination country, faces life-threatening risks, or if the treatment is interrupted.

In this case, current medical reports, hospital records, doctor's letters, and treatment plans should be included in the case file.

Risk of Return to the Country in Case of Deportation Decision

For some foreigners, there may be a risk of death, torture, ill-treatment, war, internal conflict, or inhumane treatment in the country to which they would be deported. In such cases, it is not enough for the administration to make a general assessment; the specific risk must be investigated.

The Constitutional Court's decisions also acknowledge that allegations of ill-treatment in deportation proceedings must be seriously examined.

What happens after the deportation order is lifted?

If the court overturns the deportation decision, the legal basis for the expulsion is eliminated. However, this does not automatically mean that the foreigner receives a residence permit. Depending on the foreigner's status in Türkiye, they may need to apply for a residence permit, work permit, family residence permit, or other permit.

Additionally, ancillary actions such as restriction codes, entry bans, or administrative fines should also be checked.

Can a deportation order always be overturned?

No. It cannot be said that every deportation order is necessarily overturned. However, not every deportation order is lawful. For a successful process, the reason for the decision, the date of notification, the foreigner's ties to Türkiye, the nature of the violation, family situation, health status, and public order considerations should all be evaluated together.

In decisions based particularly on public security grounds, it is crucial whether the administration relies on concrete information and documents. Decisions made using general, abstract, and clichéd statements are subject to legal review.

What should a foreigner do after receiving a deportation order?

A foreigner who has received a deportation order must first determine the date of notification of the decision, as the time limit for filing an appeal is very short. Following this, the reason for the decision, the restriction code, the duration of the entry ban, and the administrative detention status should be examined.

The following steps need to be taken during this process:

• The notification document must be obtained
• The reasoning behind the deportation decision should be examined
• The 7-day deadline for filing a lawsuit must not be missed
• The necessary documents must be prepared quickly
• An annulment lawsuit should be filed in the administrative court
• If administrative detention is involved, an application should be made to the magistrates' court
• The restriction code and entry ban should also be investigated
• If necessary, the option of a visa with supporting documents should be considered

Conclusion

In Türkiye, overturning a deportation order is a process requiring swift and accurate legal intervention. Since the deadline for filing a lawsuit against a deportation order is 7 days, time should not be wasted. General appeals alone are insufficient to overturn a deportation order; concrete evidence must be presented demonstrating the foreigner's family life, health status, established life in Türkiye, the risk of return to their country, and the disproportionate nature of the decision.

Deportation orders, restriction codes, entry bans, and administrative detention procedures can have different legal consequences. Therefore, each case should be evaluated according to its own circumstances. Obtaining professional legal support is of great importance both to prevent loss of rights and to protect the legal status of the foreigner in Türkiye.